Rape of a Person Below a Certain Age- Mistake as to Age is Not a Defense

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Rape of a Person Below a Certain Age- Mistake as to Age is Not a Defense

By
Shaffer & Engle Law Offices LLC
|June 26, 2012

The purpose or spirit underlying the crime of rape of a child is to protect
children regardless of the specific knowledge or intent of the person
engaging in the rape.

A person commits rape when the person engages in sexual intercourse with
a complainant who is less than 13 years of age. The commonwealth may sustain
its burden by proving this crime's elements with evidence which is
entirely circumstantial and the trier of fact, who determines the credibility
of witnesses and the weight to give the evidence produced, is free to
believe all, part, or none of the evidence. The statute should be given
a common sense application. Although a culpable mental state is generally
required before criminal sanctions may be imposed, exceptions include
sex offenses, such as rape, in which the victim's actual age is determinative,
despite a defendant's reasonable belief that the girl has reached
age of consent; thus, a defendant who engages in sex with a 12 year old,
a person deemed incapable of consenting, is criminally liable for rape,
regardless of the victim's consent or of the defendant's purported
belief that the victim was 14 or 16. Thus, even though due process considerations
impose some limitations on the absence of a knowledge requirement from
the definition of a criminal offense, due process does not require that
the appellant be afforded the defense of mistake of the victim's age
and defense counsel is not ineffective for failing to challenge the constitutionality
of a statute which does not afford a mistake of age defense.

If you've been charged with rape, involuntary deviate sexual intercourse,
aggravated indecent assault, sexual abuse of a child, indecent assault
or corruption of a minor, it's important to contact an experienced
defense attorney to discuss your case with you and the police, if necessary. (See my
web page link for three (3) essentials for a successful prosecution of a child sexual
abuse case). You may contact the offices of
Shaffer & Engle(717) 268-4287 to discuss your case.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.